The Australian Competition and Consumer Commission has accepted a Court enforceable undertaking from TNT Australia Pty Limited, relating to TNTs practice of representing that goods would be transported by air, but sometimes transporting those goods by road.

The ACCC considers that this conduct breached section 52 of the Trade Practices Act which prohibits conduct which is misleading or deceptive, or which is likely to mislead or deceive.

Under its undertaking TNT will shortly change the names of several divisions involved in the express freight, removing the word Air' from those names. The new names will be reflected in changes to building signage, vans and trucks, drivers uniforms, satchels, advertising material, and stationery.

TNT will also write to customers the ACCC considers might have been affected, and to new customers up until 31 December 1996. It will also put together a program to beef up the trade practices education of its staff over the next twelve months.

Importantly, TNT has undertaken that relevant customers over the past nine months will get a free freight satchel to transport goods to any Australian destination, ACCC Chairman, Professor Allan Fels, said.

The ACCC has been impressed by the cooperation shown by TNT. They acknowledged that their conduct needed changing and set about those changes comprehensively, and they've put together an acceptable method for compensating people who might have been misled, and showing good faith to all their customers.

TNT uses an extensive air network for most deliveries. It advises that it will continue to use road transport facilities in certain circumstances. In future, TNT customers should be in no doubt that this may happen.